PEOPLE v. PALUMBO


49 N.Y.2d 928 (1980)

The People of the State of New York, Appellant, v. Michael R. Palumbo, Respondent.

Court of Appeals of the State of New York.

Decided April 22, 1980.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Norman Barclay and Robert M. Pitler of counsel), for appellant.

Allen Green for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be reversed, and the case remitted to that court for determination of the facts with respect to the suppression of defendant's statements.

The Appellate Division held that the interview of defendant conducted in the offices of the Department of Investigation on June 3, 1976 was a custodial interrogation as a matter of law. In consequence, the preinterrogation...

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